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POWERTEL, INC. v. BEXLEY

Nos. 98-2746, 98-3357.

743 So.2d 570 (1999)

POWERTEL, INC. and Powertel/Jacksonville, Inc., Appellants, v. Dana C. BEXLEY, on behalf of herself and all others similarly situated, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 21, 1999.

Attorney(s) appearing for the Case

John A. Tucker, E. Robert Meek and John S. Mills of Foley & Lardner, Jacksonville, for Appellants.

Barbara Slott Pegg of Barbara Slott Pegg, P.A., Ponte Vedra Beach; Kenneth A. Tomchin and Christopher J. Iseley of Tomchin & Odom, P.A., Jacksonville, for Appellee.

PADOVANO, J.

Powertel appeals a nonfinal order denying its motion to compel arbitration. We conclude that the arbitration clause at issue is unconscionable and therefore unenforceable. Moreover, the lawsuit pending in the trial court is not subject to arbitration because it was filed before Powertel attempted to add the disputed arbitration requirement to the parties' agreement. Consequently, we affirm the trial court's...

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